Terms and Conditions of Use

Last updated on 23rd May, 2016.

This website and the Brieff email service is operated by BRIEFF TECHNOLOGY PTY LTD (ABN 92 612 260 527).

By accessing and/or using this website the Brieff email service, you agree to these Terms and Conditions, which include our Privacy Policy (available at /privacy) (Terms). You should review our Privacy Policy and these Terms carefully and immediately cease using our website and the Brieff email service if you do not agree to these Terms.

In these Terms, 'us', 'we' and 'our' means BRIEFF TECHNOLOGY PTY LTD.

We may update these Terms from time to time. When we do so, we will post the new version onto our website. We may also notify you in your Brieff email that we have updated our Terms and Conditions. By continuing to use the Brieff email and/or access the website, you will be deemed to have accepted the updated Terms and Conditions.

Registration

You must be a registered member before we can deliver the Brieff email to you.

When you register and activate your account, you will provide us with personal information set out in the initial sign-up form. This may include your name, gender, year of birth, suburb of residence and email but may also include other information. You must ensure that this information is accurate and current.

We will handle all personal information we collect in accordance with our Privacy Policy (available at the website at which you originally signed up for the service). By making use of the website and by using the Brieff email, you agree to us handling your personal information in accordance with our Privacy Policy.

When you register your account, we will subsequently ask you to activate/confirm your account by setting a password. You are responsible for keeping this password secure and are responsible for all use and activity carried out under your email address.

If you are under the age of 13 years, you may not create an account or register as a member. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian to make sure that you and your parent or legal guardian understand these Terms. If you are a parent or guardian permitting a person under the age of 18 (a Minor) to create an account, you agree to:

exercise supervision over the Minor's use of our website and account;

assume all risks associated with the Minor's use of our website and their account, including the transmission of content or information to and from third parties via the Internet;

ensure that the content and information that the Minor may encounter on our website are suitable for the Minor;

assume liabilities resulting from the Minor's use of our website and their account;

ensure the accuracy and truthfulness of all information submitted by the Minor; and

provide the consents contained in these Terms on behalf of the Minor.

We may ask you to confirm that you have your parent's or guardian's permission and that they have agreed to these Terms on your behalf, and, even if we do not do this, we will assume that this is the case and will provide access to our website and your account on this basis.

Our Partners

You agree and acknowledge that we may disclose your personal information to the partner for which the Brieff email has been branded, as further described in our Privacy Policy. You further agree and acknowledge that that partner may use your personal information to send you certain direct marketing materials. If you do not want to receive such direct marketing materials, please contact that partner at the contact set out in their privacy policy. You will find their privacy policy on the website of that partner.

When you sign up to the branded Brieff email on this website, you will have the option to elect to receive certain newsletters and marketing messages by email from the partner for which the Brieff email has been branded. If you decide that you do not want to receive those emails in the future, you can manage your preferences by clicking the "unsubscribe" links at the bottom of those emails.

Accuracy, completeness and timeliness of information

The information on our website is not comprehensive and is intended to provide a summary of the subject matter covered. While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian Consumer Law, we make no warranty regarding the information on this website. You should monitor any changes to the information contained on this website.

We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with the use of this website, a linked website or the Brieff email. You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.

We may, from time to time and without notice, remove, change or add to the website (including the Terms), the information, products or services described in it (including the feeds which may be available for inclusion in the Brieff email) or the composition and nature of the Brieff emails themselves. However, we do not undertake to keep the website updated. We are not liable to you or anyone else if errors occur in the information on the website or in the Brieff email, or if that information is not up-to-date.

Third party sites and feeds

The Brieff emails contain information drawn from a variety of third party sources, as determined by you when you use the website to personalise the feeds to be included in your Brieff email. You acknowledge that we do not endorse, are not liable for and make no warranty in respect of the content that is drawn from or situated on those third party information sources, nor the accuracy, completeness, timeliness or continued availability of such content or those third party information sources.

Certain of the third party sources (including, without limitation, the social media account feeds and information from your calendar) will require you to submit your login or other account details to the operators of, or platforms for, those feeds in order for the relevant content and information to be included into the Brieff email.

The links to third party websites or other information sources that are contained in the Brieff email may not remain current or be maintained.

In addition, you also acknowledge that if you elect to personalise the feeds by including information from your calendar or other information sources that include your personal information, that personal information will be included into the Brieff email.

Intellectual property rights

Unless otherwise indicated, we own or license from third parties all rights, title and interest (including copyright, designs, patents, trademarks and other intellectual property rights) in this website, the Brieff emails, and in all of the material (including all text, graphics, logos, audio and software) made available on this website or via the Brieff emails (Content). Content contained in the Brieff emails that is drawn from third party websites and information sources is subject to the terms of use of those third party websites and information sources.

Your use of this website and use of and access to any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However we do grant you a licence to access the website and view the Content on the terms and conditions set out in this Agreement and, where applicable, as expressly authorised by us and/or our third party licensors.

Any reproduction or redistribution of this website, product emails, or the Content is prohibited and may result in civil and criminal penalties. In addition, you must not copy the Content to any other server, location or support for publication, reproduction or distribution is expressly prohibited.

All other use, copying or reproduction of this website, the Content or any part of it is prohibited, except to the extent permitted by law.

No commercial use

This website is, and the Brieff emails are, for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products or services contained within this website or the Brieff emails. You may not use this website, or the Brieff emails, or any of the Content contained within either of them, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own website.

Unacceptable activity

You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website or the Brieff emails, including but not limited to:

any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;

defaming or libelling us, our employees or other individuals;

uploading files that contain viruses that may cause damage to our property or the property of other individuals;

posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.

If we allow you to post any information to our website, we have the right to take down this information at our sole discretion and without notice.

Warranties and disclaimers

To the maximum extent permitted by law, including the Australian Consumer Law, we make no warranties or representations about this website, the Brieff emails or the Content, including but not limited to warranties or representations that they will be complete, accurate or up-to-date, that access will be uninterrupted or error-free or free from viruses, or that this website will be secure.

We reserve the right to restrict, suspend or terminate without notice your access to this website the Brieff emails (or any part thereof), any Content, or any feature of this website at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.

Liability

To the maximum extent permitted by law, including the Australian Consumer Law, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to your use of our website or the Brieff emails, and/or the information or materials contained in them, or as a result of the inaccessibility of this website or the Brieff emails and/or the fact that certain information or materials contained on them are incorrect, incomplete or not up-to-date.

Jurisdiction and governing law

Your use of the website and these Terms are governed by the law of New South Wales and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in New South Wales.